Belt Auction

Does an Ebay Seller have to give a refund if there is nothing noted in the auction?

I won an Ebay auction for a portable DVD player on Tuesday. The seller was very nice and was pretty much guaranteeing that it would arrive in time for Christmas, (sending priority mail). The seller happens to live in CO. I paid for this over the phone via MasterCard and he says he shipped it out shortly after that. Well, the infamous blizzard hit Denver and now there's a good possiblity it won't arrive in time, so I kindly sent the man an email explaining that I'm going to have to purchase another one of these from the dept. store and that I will send his item back unopened and would appreciate a refund. He tells me that he's not going to do that...his auction never said anything about a refund policy. What options, if any, do I have...thank you!

Public Comments

1. nothing. ebay is only responsible for items that dont arrive and that are broken. since he has done nothing wrong, he doenst have to refund you.
2. its a contract. you bought it. he can do it only if he wants too. he cant control the weather
3. he doesn't have to give you a refund. it is his right to give you one if he wants to.
4. Not to preach, but NEVER give your credit card information over the phone to any Ebay sellers. Always try to use PayPal for buyer protection. Regardless of what his refund policy was, if you didn't get the item in time (or not at all) PayPal could have gotten you a refund. But, since you did pay over the phone I would definitely call your credit card company and file a claim through them. Tell them you did not receive the product as promised before Christmas, that's reason enough to file a claim. I hope you get the refund!!
5. Why should he refund? He paid to put the auction up, you bid on it and won. You knew the mode of shipping. You have a contract; he didn't breach it.
6. No, unless they specifically mention a return policy, they don't have to do anything. If you paid via Paypal and a credit card, you could just have your company do a chargeback, but then again he could mark you as not paying.
7. Well Ebay is very clear about this kind of things, if it's not specified, then you won't win a dispute. I would recommend you to wait and see if it arrives, if it doesn't arrive on time sell it on ebay again. Hope this helps
8. AS A SELLER, ACCEPT HIS STEREO WHEN IT ARRIVES AND KEEP IT OR GIVE IT AS A PRESENT. YOU REALLY HAVE NO ACTION OR ANYONE ON YOUR SIDE WHEN YOU CHANGE YOUR MIND. SORRY, NO REFUND IS RIGHT.
9. "pretty much" gaurenteeing? im guessing no lol, but u can buy from somewhere like bestbuy where they let u return even after opening for like 30 days and return once the one from ebay arrives lol
10. i think your pretty much stuck there its always a good idea to look for a rufund/return policty in there auction you could always resell the dvd player to somebody else or it might make a cool gift for somebody after christmas you could also save it or maybe since you will have an extra put it in another room with a tv if you have one, donating it to a shelter would be another good idea hope you find a good sultion HAPPY HOLIDAYS!!!
11. I dont see why he should give you a refund. Its not his fault that the blizzard hit denver. He held up his end of the bargain and shipped it out.
12. You have to option to keep the merchandise that you ordered. 1. The seller is not accountable for weather delays in shipment. 2. The seller did not offer a refund policy up front. Even if they did, it would most likely have been limited to DOA, not delays in shipping due to circumstances beyond the seller's control.
13. I guess if there was no refund offered in the listing,it's too bad.He can't be blamed for the weather,just hope for the best...You could contact ebay with a dispute,but it probably won't do any more than generate bad feelings.
14. Do you need a gift for someone else? Read all the auction. Try reselling on Ebay - may make a profit.
15. Hi there. as an avaid an established ebay seller (and buyer) i can tell you a few things. One, they do not have to refund you, however if you go to ebay and file a complaint saying that you didnt recieve the item on time, they may be able to help you/ they will ask you to explain and you can say that you ordered it for christmas and was told it would be there in time. when it didnt arrive you asked for a refund and the seller refused. Then tell them you are willing to return the item. they will go through a few steps and one of them would be you sending it back and providing ebay with the tracking number. once they see that the item was delivered back to the seller they will refund your money. P.S the whole process is much easier if you pay via paypal next time... it is the only way i go. hope this helps
16. Unfortunately, you have no recourse. Never, ever assume anything about an eBay auction. If something is not explicitly stated, it is your responsibility to contact the seller ahead of time to find out what their specific policies are. It's also not the seller's fault that they happened to get bombarded with the storm of the century. Typically if an item is broken or not working when it arrives, a seller may be nice about it and take it back, but for the most part, eBay sellers aren't commercial entities and are not set up to handle returns. I would just explain to the gift recipent what happend and print a picture of the item to give them on Christmas day. Then, when it actually arrives it'll be like Christmas all over again. I bet they'll understand. Best of luck & Merry Christmas!
17. As long as the item was properly described and arrived undamaged: None. He's under no obligation to give you a refund because it snowed a few days before Christmas. You bought and paid for the item, and the seller shipped it expiditiously. It's not his fault it snowed. If you realy wanted to be sure you had the DVD player before Christmas, you should have bought it sooner... or in a store.
18. Sorry, you have no options. He does not have to abide by a return policy if his auction did not state one.